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Why Chapter 7 isn’t the best option for foreclosure concerns

Roths Child Law

When homeowners face the daunting prospect of foreclosure, understanding the defensive options available can potentially help them preserve their homes and financial stability. For example, two common types of bankruptcy , Chapter 7 and Chapter 13, offer different benefits and drawbacks in the context of foreclosure.

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Secured vs Unsecured Debt: Everything You Need to Know

Sawin & Shea

Declaring bankruptcy will discharge most types of debt but not others. Before you declare bankruptcy, it’s crucial to understand how the law treats the concept of secured vs unsecured debt. It matters because not all debts are equal in the eyes of the law. Secured vs Unsecured Debt: What’s the Difference?

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How Long Will Chapter 13 Delay Foreclosure?

Sawin & Shea

When you’re going through the process of filing Chapter 13, foreclosure cannot occur because you’re granted an automatic stay, meaning that lenders cannot pursue your debts and recover collateral, including your home. If you’re eligible to file under Chapter 7 and only have unsecured debts, this may be your best course of action.

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Bankruptcy Chapter 7 vs 13: Which Is The Best Option?

Debt Free Colorado

Unlike Chapter 7, Chapter 13 bankruptcy enables you to decrease the interest rate on your vehicle loan and, in certain situations, the total amount owed. It’s a relatively straightforward technique to eliminate the majority of your debt. . Additionally, not all unsecured debt is dischargeable under Chapter 7.

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Consumer Debt vs. Non Consumer Debt

Sawin & Shea

Consumer debt refers to an individual, family, or household’s debts incurred through personal spending and expenses. If your debts have to do with personal or family spending rather than business expenses, penalties, and taxes, they are likely consumer debts. Are Student Loans Consumer or Non-Consumer Debts?

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When is filing for Chapter 13 bankruptcy a good idea?

Roths Child Law

It could even help you to save a home that is at risk of foreclosure. Certainly, filing for bankruptcy isn’t the best debt management or debt solution for all consumers. However, if you’re struggling with multiple debts, Chapter 13 bankruptcy could be a great opportunity.

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Second Mortgage Lien Stripping With Chapter 13 Bankruptcy

Sawin & Shea

Chapter 13 lien stripping eliminates junior liens when your property is worth less than the remaining balance of your primary loan. When a court approves the stripping of a lien, after your discharge those lenders can no longer collect debts on that lien or threaten to foreclose on a home for missed payments. What is Lien Stripping?